The EU member states plan to tighten cooperation between authorities in charge of technical investigations after aviation accidents. They agreed, at the Transport Council on 11 March in Brussels, to the creation of a European network of civil aviation safety investigation authorities, which should contribute to better sharing of some states’ advanced expertise in the area of accident investigations. Member states with less expertise/capacity could turn to this network whenever they consider it necessary. The network could also organise training activities. The idea for the network is set out in a draft regulation presented by the European Commission last October on investigation and prevention of accidents in civil aviation, on which the Council adopted a general approach, on 11 March.

The EU is not starting from scratch on this issue. It already has a directive that lays down the fundamental principles governing the investigation of such accidents (Directive 94/56/EC), which will be replaced by the new regulation. Basically, the new text establishes the same obligations of investigation by an independent authority in case of an accident or serious incident (eg a near collision, take-offs on a closed runway, multiple malfunctions of aircraft systems, etc), with the “sole” objective of preventing future accidents (the investigation should not be used to determine blame or liability). However, in addition to being a regulation – a stronger legal instrument than a directive – the new text also reinforces the aspect of cooperation between states and provides much more of a framework for the standing and role of investigators.

In contrast with the Commission’s initial proposal, the Council limits the obligation to investigate serious incidents to cases involving the largest aircraft. Transport Commissioner Siim Kallas, backed by Estonia, regrets this choice but the Council’s aim is to take account of differences in investigation capacities. The commissioner hopes that the European Parliament will restore the initial proposal but in any case the member states can choose to investigate any incidents they like.

A representative of the European Aviation Safety Agency (EASA) may be invited to participate in investigations. In the Council’s general approach, however, the official would do so as an “advisor” and “under the control and at the discretion of the investigator-in-charge”. These details clearly establish a subordinate role that is not found in the Commission’s proposal.

VICTIMS’ RIGHTS

The text gives more account to an aspect that is more directly visible to citizens, namely victims’ situation. It requires airlines to produce a list of passengers as quickly as possible after an accident, and at the latest within two hours. The Commission’s proposal setting a deadline of one hour was supported by certain delegations (the Netherlands, Slovenia, Romania and Hungary), but the majority preferred to provide flexibility. They wish to be sure that airlines will not be forced to produce an approximate list under the pressure of a deadline. This list will be used to contact the families of those aboard.

The Council’s general approach also obliges states to set up a plan for assisting victims of air accidents and their families. During a recent EP debate, rapporteur Christine de Veyrac (EPP, France) said she wished to add a similar obligation for airlines, “the first contact families turn to after an accident”. The Council did not go that far.

The Spanish Council Presidency is convinced a first-reading agreement on the text is possible with Parliament.